Allahabad High Court

SMT POONAMversusSTATE OF U.P. AND 5 OTHERS

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The High Court directed the Additional Chief Judicial Magistrate to decide the pending domestic‑violence case within six months, prohibiting unnecessary adjournments.

Summary

The applicant, Smt Poonam, filed an application under Section 529 of the Bharatiye Nagarik Suraksha Sanhita seeking a direction to the Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad, to dispose of a pending domestic‑violence case (Case No. 318 of 2025) filed under Section 12 of the Domestic Violence Act. The lower court had not expressed any opinion on the merits and the case had remained pending since 2025, causing undue delay. The High Court examined the material on record and noted that the prolonged pendency violated the statutory mandate for speedy disposal of such matters. Relying on the remedial nature of Section 529 BNSS, the Court directed the magistrate to decide the case within six months and to avoid unnecessary adjournments. No substantive merits of the domestic‑violence claim were addressed; the order was purely procedural. Consequently, the application was disposed of with the said direction to the lower court.

Issues considered

Whether the High Court can, under Section 529 of the Bharatiye Nagarik Suraksha Sanhita, direct a lower court to expedite a pending case under the Domestic Violence Act?

Legislation cited

Bharatiye Nagarik Suraksha Sanhita — s. 529
Protection of Women from Domestic Violence Act, 2005 — s. 12

Subjects

Section 529
Domestic Violence Act
case delay
expedited hearing
court direction
procedural order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 529 BNSS No. - 4734 of 2026

                                    Smt Poonam
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 5 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                           :    Anees Ahmad
                                    Counsel for Opposite Party(s)                      :    G.A.

                                    Court No. - 77
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Sri Balram Mishra, Advocate holding brief of Sri Anees Ahmad,
                                    learned counsel for the applicant and Sri Abhishek Kumar Singh, learned
                                    A.G.A. for the State and perused material on record.

                                    The present application under Section 529 Bharatiye Nagarik Suraksha
                                    Sanhita, has been filed by the applicant with a prayer to issue a direction to
                                    the Additional Chief Judicial Magistrate, Court No. 2, Ghaziabad to decide
                                    the Case No. 318 of 2025, under Sections 12 Domestic Violence Act, Police
                                    Station Vijay Nagar District Ghaziabad, within stipulated period.

                                    Considering the fact that the case has remained pending since 2025, without
                                    expressing any opinion on the merits of the case, this application is finally
                                    disposed of with a direction to the court below to decide the aforesaid case in
                                    accordance with law, as expeditiously, preferably within a period of six
                                    months without granting any unnecessary or long adjournments to either of
                                    the parties, if there is no other legal impediment.

                                    With the aforesaid directions, the application stands disposed of finally.

                                    September 17, 2026
                                    Ishan
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad

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